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Old Nov 12th 2017, 9:50 am   #1
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Default Substatial Criminal record

First post here.
Myself and my husband want to move to western Australia in 5 years time. My husband has a record that is classed as substantial. He did a short time around 6 months in young offenders but 2 months after getting out he went into prison on a 4 year sentance.
After a terrible childhood and being subject to abuse he went of the rails and into the wrong crowd. He was out on the streets at 15. He was pushed into crime by real criminals, they would offer him money to do things they didn't want to get caught doing. His sentence was for burglary of a pub but they also took into consideration (tic'd) abh gbh and fraud. He did his time and came out and was not in trouble with the law for 2 years. He then bought a watch that somebody was selling for £50. It was a Rolex and he knew it was worth alot more if it was real. He took it to the local cash converters using his real name and address as didn't think he was doing anything wrong, and sold it for £800. A few days later he was arrested for handling and selling stolen goods and given a 12 month suspended sentence and community service.
He is 31 now and in no way a criminal I would not be married to him with children if he was.
When we hope to apply for visas he will be 18 years past the jail sentence and 12 years past the stolen goods sentence. He's worked in the same job for 6 years and is starting college in September to train to be a metal fabricator. I will of finished my degree in early childhood studies so we will both be qualified for occupations on the list (if it hasn't changed) I've done so much googling and haven't found many success stories for getting visas with a substatial record but I wonder if this is down to people not trying as there is so much money to loose if it's refused.
I hope there are some members on this forum who can advise me and maybe even some success stories.
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Old Nov 12th 2017, 10:58 am   #2
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Default Re: Substatial Criminal record

Unfortunately you cannot be 'pre-assessed' for character before you lodge an application with DIBP. As you say your husband has a substantial criminal record, five years cumulative prison sentences plus six months in a YOI. He will therefore automatically fail the character test set out in S.501 of the Migration Act.

However S.501 does also permits discretion on the part of the decision maker as to whether to refuse or cancel a person's visa based on their failure of the character test. That it has been more than ten years since his last conviction does go in your favour as it lends weight to the idea that he is a reformed character and less likely to be a danger to the public. It also sounds as if there were extenuating circumstances regarding his upbringing which made him vulnerable. He should be prepared to write a statement regarding his convictions and the circumstances surrounding them.

Further reading:

MIGRATION ACT 1958 - SECT 501 Refusal or cancellation of visa on character grounds

https://www.humanrights.gov.au/publi...under-sectio-1

https://www.border.gov.au/about/corp...ts/79character
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Old Nov 12th 2017, 11:01 am   #3
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Default Re: Substatial Criminal record

Quote:
Originally Posted by KBALD86 View Post
First post here.
Myself and my husband want to move to western Australia in 5 years time. My husband has a record that is classed as substantial. He did a short time around 6 months in young offenders but 2 months after getting out he went into prison on a 4 year sentance.
After a terrible childhood and being subject to abuse he went of the rails and into the wrong crowd. He was out on the streets at 15. He was pushed into crime by real criminals, they would offer him money to do things they didn't want to get caught doing. His sentence was for burglary of a pub but they also took into consideration (tic'd) abh gbh and fraud. He did his time and came out and was not in trouble with the law for 2 years. He then bought a watch that somebody was selling for £50. It was a Rolex and he knew it was worth alot more if it was real. He took it to the local cash converters using his real name and address as didn't think he was doing anything wrong, and sold it for £800. A few days later he was arrested for handling and selling stolen goods and given a 12 month suspended sentence and community service.
He is 31 now and in no way a criminal I would not be married to him with children if he was.
When we hope to apply for visas he will be 18 years past the jail sentence and 12 years past the stolen goods sentence. He's worked in the same job for 6 years and is starting college in September to train to be a metal fabricator. I will of finished my degree in early childhood studies so we will both be qualified for occupations on the list (if it hasn't changed) I've done so much googling and haven't found many success stories for getting visas with a substatial record but I wonder if this is down to people not trying as there is so much money to loose if it's refused.
I hope there are some members on this forum who can advise me and maybe even some success stories.
Over the years I have seen many people with worse records obtain visas, BUT and its unfrtunately a big but, in recent tmes DIBP have cracked down considerably on the character side of immigration and it is now less easy than it once was.
You will need to speak to a registered agent, preferably one with experience of character issues. My personal recommendation is George Lombard but other posters can also recommend good ones.
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Old Nov 13th 2017, 1:39 am   #4
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Default Re: Substatial Criminal record

I agree with Pollyana's recommendation - George is very good. I do think you will need the help of a registered migration agent. Good luck with it - I hope it works out.
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Old Nov 19th 2017, 9:38 am   #5
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Default Re: Substatial Criminal record

Quote:
Originally Posted by KBALD86 View Post
First post here.
Myself and my husband want to move to western Australia in 5 years time. My husband has a record that is classed as substantial. He did a short time around 6 months in young offenders but 2 months after getting out he went into prison on a 4 year sentance.
After a terrible childhood and being subject to abuse he went of the rails and into the wrong crowd. He was out on the streets at 15. He was pushed into crime by real criminals, they would offer him money to do things they didn't want to get caught doing. His sentence was for burglary of a pub but they also took into consideration (tic'd) abh gbh and fraud. He did his time and came out and was not in trouble with the law for 2 years. He then bought a watch that somebody was selling for £50. It was a Rolex and he knew it was worth alot more if it was real. He took it to the local cash converters using his real name and address as didn't think he was doing anything wrong, and sold it for £800. A few days later he was arrested for handling and selling stolen goods and given a 12 month suspended sentence and community service.
He is 31 now and in no way a criminal I would not be married to him with children if he was.
When we hope to apply for visas he will be 18 years past the jail sentence and 12 years past the stolen goods sentence. He's worked in the same job for 6 years and is starting college in September to train to be a metal fabricator. I will of finished my degree in early childhood studies so we will both be qualified for occupations on the list (if it hasn't changed) I've done so much googling and haven't found many success stories for getting visas with a substatial record but I wonder if this is down to people not trying as there is so much money to loose if it's refused.
I hope there are some members on this forum who can advise me and maybe even some success stories.

The decision would obviously be down to DIBP so no migration agent can sway the decision. If you are able to complete the forms quite confidently then i dont see the need for an agent. It’s fairly straightforward form filling and uploading on to an immi account. Our case is complex and we submitted everything ourselves. If you are serious about this then it’s a risk you need to take. I would preload everything, medicals, police check which will obviously come back as no live trace and complete a form 80 which is the form they would definitely request for his character. I would also organise to have a statutory declaration produced explaining about his past/convictions etc and be as open and truthful as possible. We had a solicitor do one for us and they are relatively cheap. It’s worth it. They are only human after all so the worse they can say is no and you’ve lost a few thousand pounds but at least you tried.

Last edited by old.sparkles; Nov 19th 2017 at 2:16 pm. Reason: fix quote
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Old Nov 21st 2017, 6:18 am   #6
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Default Re: Substatial Criminal record

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Originally Posted by brookhill View Post
The decision would obviously be down to DIBP so no migration agent can sway the decision. If you are able to complete the forms quite confidently then i dont see the need for an agent. It’s fairly straightforward form filling and uploading on to an immi account. Our case is complex and we submitted everything ourselves. If you are serious about this then it’s a risk you need to take. I would preload everything, medicals, police check which will obviously come back as no live trace and complete a form 80 which is the form they would definitely request for his character. I would also organise to have a statutory declaration produced explaining about his past/convictions etc and be as open and truthful as possible. We had a solicitor do one for us and they are relatively cheap. It’s worth it. They are only human after all so the worse they can say is no and you’ve lost a few thousand pounds but at least you tried. � ����
Nope. The worst they can do is ban applicants from the country/from applying for a minimum amount of time. I imagine that's unlikely if they're completely honest in their application, but it should be noted that there are worse things than immigration saying no. Also, a few thousand isn't to be sneezed at. I'd be pretty upset if I lost a few grand.
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Old Nov 21st 2017, 7:42 am   #7
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Default Re: Substatial Criminal record

What is the point you’re trying to make?? that they don’t apply based on advice received on a forum or apply, use an agent and lose more money? no agent can tell them whether they’re going to be successful or not nor anyone one on here. It is down to DIBP so they have to weigh up the options and make a decision whether to apply or not. That was my point.
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Old Nov 21st 2017, 10:42 am   #8
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Default Re: Substatial Criminal record

Quote:
Originally Posted by brookhill View Post
What is the point you’re trying to make?? that they don’t apply based on advice received on a forum or apply, use an agent and lose more money? no agent can tell them whether they’re going to be successful or not nor anyone one on here. It is down to DIBP so they have to weigh up the options and make a decision whether to apply or not. That was my point.
My point is exactly what I said. DIBP refusing the visa is not the worst outcome. You're correct in the fact that no agent can definitively state, one way or another, whether they would be refused or not. Having said that, in complex situations involving multiple convictions, it is prudent to consult a registered migration agent for their assistance & advice. I wouldn't be relying on advice given on a forum. You may be comfortable in proceeding with a complex application without assistance, and you may be happy to potentially lose thousands of pounds, but not everyone is.
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Old Nov 21st 2017, 2:50 pm   #9
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Default Re: Substatial Criminal record

I would humbly suggest the analogy of someone who is going through complicated divorce proceedings and wishes to avail themselves of professional legal advice.

Would you take complex legal advice on the basis of an opinion from a forum, or would you obtain the help of a legal professional? If so, would there be anything wrong with a legal professional charging a fee for their professional legal advice? Most people would think not.

However, only you can decide whether your case is complex enough that you need to obtain professional assistance. If you feel you can handle it yourself then go for it.

Regards,

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